§ 1722. Definitions

As used in this chapter:

(1) “Agency service fee” means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee. An agency service fee shall not exceed 85 percent of the amount payable as dues by members of the employee organization and shall be deducted in the same manner as dues are deducted from the salary or wages of members of the employee organization and shall be used to defray the costs of chargeable activities.

(2) “Board” means the State Labor Relations Board established under 3 V.S.A. § 921.

(3) “Bargaining unit” means a group of employees recognized by the municipal employer or certified by the Board as appropriate for exclusive representation by an employee organization for purposes of collective bargaining.

(4) “Collective bargaining” or “bargaining collectively” means the process of negotiating in good faith the wages, hours, or conditions of employment between a municipal employer and the exclusive bargaining agent of employees with the intent to arrive at an agreement that, when reached, shall be reduced to writing.

(5) “Commissioner” means the Commissioner of Labor.

(6) “Confidential employee” means an employee whose responsibility or knowledge or access to information relating to collective bargaining, personnel administration, or budgetary matters would make membership in or representation by an employee organization incompatible with his or her official duties.

(7) “Employee” means a municipal employee as defined in this section.

(8) “Exclusive bargaining agent” means the employee organization certified by the Board or recognized by the employer as the only organization to bargain collectively for all employees in the bargaining unit, including persons who are not members of the employee organization.

(9) “Impasse” means a controversy concerning wages, hours, and conditions of employment arising from the inability of a municipal employer and an exclusive bargaining agent to reach agreement after both parties have bargained collectively in good faith for not less than 60 days.

(10) “Legislative body” means the mayor (or other chief executive officer) and board of aldermen of a city, the selectboard of a town, the trustees of a village, the trustees or prudential committee of a district, the school board of a school district, or the designated governing body of any other political subdivision of the State.

(11) “Managerial prerogative” means any nonbargainable matters of inherent managerial policy.

(12) “Municipal employee” means any employee of a municipal employer, including a municipal school employee or a professional employee as defined in subdivision 1502(11) of this title, except:

(A) elected officials, board and commission members, and executive officers;

(B) individuals employed as supervisors as defined by section 1502 of this title;

(C) individuals who have been employed on a probationary status;

(D) confidential employees as defined in this section;

(E) certified employees of school districts, except as otherwise provided in section 1735 of this title.

(13) “Municipal employer” means a city, town, village, fire district, lighting district, consolidated water district, housing authority, union municipal district, or any of the political subdivisions of the State of Vermont that employs five or more employees as defined in this section.

(14) “Person” means one or more individuals, a city, town, village, or any other political subdivision of the State of Vermont, employee organizations, partnerships, corporations, legal representatives, trustees, or any other natural or legal entity whatsoever.

(15) “Voluntary recognition” means formal acknowledgment by a municipal employer designating a particular employee organization as the exclusive bargaining agent for municipal employees in an appropriate bargaining unit.

(16) “Strike” means conduct by an employee or employee organization or its agents that produces, induces, or encourages a work stoppage, slowdown, or withholding of services; such conduct includes recognizing a picket line or other conduct that interferes with or impedes the orderly functions and services of a municipal employer.

(17) “Wages, hours, and other conditions of employment” means any condition of employment directly affecting the economic circumstances, health, safety, or convenience of employees but excluding matters of managerial prerogative as defined in this section. For collective bargaining related to municipal school employees, “wages, hours, and other conditions of employment” shall not include health care benefits or coverage other than stand-alone vision and dental benefits.

(18) “School board negotiations council” means, for a supervisory district, its school board, and, for school districts within a supervisory union, the body comprising representatives designated by each school board within the supervisory union and by the supervisory union board to engage in collective bargaining with their school employees’ negotiations council.

(19) “School employees’ negotiations council” means the body comprising representatives designated by each exclusive bargaining agent within a supervisory district or supervisory union to engage in collective bargaining with its school board negotiations council.

(20) “Supervisory district” and “supervisory union” shall have the same meaning as in 16 V.S.A. § 11.

(21) “Municipal school employee” means an employee of a supervisory union or school district who is not otherwise subject to 16 Vt. Stat. Ann. chapter 57 (labor relations for teachers and administrators) and who is not otherwise excluded pursuant to subdivision (12) of this section.

(22) “Municipal public safety employee” means a municipal employee who is:

(A) a firefighter as defined in 20 V.S.A. § 3151(3);

(B) an ambulance service, emergency medical personnel, or first responder service as defined in 24 V.S.A. § 2651; or

(C) a law enforcement officer who has been certified by the Vermont Criminal Justice Council pursuant to 20 V.S.A. § 2358. (Added 1973, No. 111, § 1; amended 1975, No. 113, § 1; 1975, No. 152 (Adj. Sess.), § 6; 1989, No. 215 (Adj. Sess.); 2003, No. 122 (Adj. Sess.), § 85b; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 82, § 39; 2009, No. 153 (Adj. Sess.), § 14; 2013, No. 37, § 16, eff. June 30, 2013; 2013, No. 56, § 25, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 305, eff. Feb. 14, 2014; 2013, No. 161 (Adj. Sess.), § 72; 2018, No. 11 (Sp. Sess.), § H.21, eff. Jan. 1, 2020; 2019, No. 61, § 23.)